The document summarizes a presentation by Keith Jaasma on the right of publicity. The right of publicity allows individuals to control the commercial use of their name, image, or likeness. It protects celebrities and public figures but also regular individuals from having their identity exploited without permission. The right covers more than just names and photos, extending to distinctive voices, nicknames, catchphrases, and other attributes that identify someone. However, the right must be balanced against free expression, with uses in art, news, and other media sometimes protected under the First Amendment.
This course is designed to teach business lawyers the essentials of intellectual property including, why and how to register a trademark, the different types of trademark, trademarks on logos, trademarks on business names, how and why to patent an invention, types of patent applications, provisional patent applications, utility patent applications, trade secrets, copyright registrations, steps to patenting an idea, process of patenting an invention, the trademark process and the patenting process.
This presentation was created for film production classes - it provides a visual accompaniment to a lecture on Film History. This module covers the period from the beginnings of the silent era through the creation of the MPPA and includes a brief side trip to explore the impact of McCarthyism.
In 2020 as a result of the Coronavirus Pandemic, I recorded a video of this presentation. Here is the link:https://youtu.be/5BjcJF4XN7c Please feel free to use it in your classrooms.
This presentation was created for film production classes - it provides a visual accompaniment to a lecture on Film History. This module covers the period from the beginnings of the silent era through the creation of the MPPA and includes a brief side trip to explore the impact of McCarthyism.
In 2020 as a result of the Coronavirus Pandemic, I recorded a video of this presentation. Here is the link:https://youtu.be/5BjcJF4XN7c Please feel free to use it in your classrooms.
This course is designed to teach business lawyers the essentials of intellectual property including, why and how to register a trademark, the different types of trademark, trademarks on logos, trademarks on business names, how and why to patent an invention, types of patent applications, provisional patent applications, utility patent applications, trade secrets, copyright registrations, steps to patenting an idea, process of patenting an invention, the trademark process and the patenting process.
This presentation was created for film production classes - it provides a visual accompaniment to a lecture on Film History. This module covers the period from the beginnings of the silent era through the creation of the MPPA and includes a brief side trip to explore the impact of McCarthyism.
In 2020 as a result of the Coronavirus Pandemic, I recorded a video of this presentation. Here is the link:https://youtu.be/5BjcJF4XN7c Please feel free to use it in your classrooms.
This presentation was created for film production classes - it provides a visual accompaniment to a lecture on Film History. This module covers the period from the beginnings of the silent era through the creation of the MPPA and includes a brief side trip to explore the impact of McCarthyism.
In 2020 as a result of the Coronavirus Pandemic, I recorded a video of this presentation. Here is the link:https://youtu.be/5BjcJF4XN7c Please feel free to use it in your classrooms.
First launched in Kansas City, Artist INC is a cutting edge training seminar that addresses the specific business needs and challenges artists of all disciplines face every day. Limited to 25 participants per session, artists gather for one night a week for eight weeks to learn business skills specific to their art practice and apply those skills cooperatively with their peers. Using an innovative class design, artists learn and grow together through artist facilitator mentoring, small group application activities, as well as large group discussion and multi-media lecture.
Artist INC is a collaborative partnership between Mid-America Arts Alliance, and the University of Missouri-Kansas City Innovation Center.
Writing a great grant 2014 (Individual Artists)Fresh Arts
Writing a Great Grant: An Overview for Individual Artists
Led by: Jenni Rebecca Stephenson, Executive Director of Fresh Arts, with Christa Forster, author and 4-time winner of the Houston Arts Alliance Individual Artist Grant
For individual artists // limited to 50 registrants
Wednesday, October 22 , 6:30 p.m. – 8:30 p.m. @ Fresh Arts
Join Fresh Arts’ executive director Jenni Rebecca Stephenson and 4-time HAA Individual Artist Grant recipient and author, Christa Forster, for a two-hour in depth presentation on best practices when composing and applying for artist project grants. Additionally, Houston Arts Alliance Grants Manager Shannon Teasley will be present to answer any specific question related to the Individual Artist Grant.
Our goal with this workshop is to help local artists develop and refine their grant writing skills and to highlight some important and attainable grants administered locally, such as the Houston Arts Alliance's Individual Artist Grant and the Idea Fund. Even if you do not plan to submit any proposals this fall, this overview will be a fantastic opportunity to develop your strategies for framing your work and honing your grant-writing skills.
Representatives from both the Houston Arts Alliance and the Idea Fund will be on hand to answer questions about these grant opportunities.
Fresh Arts Fundamental HR/Employment Policies for Organizations 2014Fresh Arts
Fundamental HR/Employment Policies for Organizations
For arts administrators of small to mid-sized nonprofits
Monday, June 2, from 4-6 p.m.
@ Fresh Arts, 2101 Winter Street, #B11, Houston, TX 77007
Presenters:
Bob Lawson, Director of Administration & Education, Theatre Under the Stars
Elaine C. Becraft, Counsel, Labor & Employment, LyondellBasell
Not sure who on your team should receive a 1099 or a W-2? Are you supposed to be paying unemployment taxes? Do you know the rules around interns? Join Bob Lawson, of Theatre Under the Stars, and employment lawyer, Elaine C. Becraft for a crash course in what you need to know and what you didn’t know you didn’t know. This is a great opportunity for administrators to have questions answered by an expert in the field and address some of the unique challenges we all face in keeping our small or mid-size organizations in compliance with HR standards.
Topics include:
- Basic distinctions between 1099/W2 employees, as well as exempt/non-exempt
- How to avoid abusing interns
- Basic options for offering benefits
- Basic reporting for new hires
- Unemployment taxes (when you need to worry about them)
- The advantages and timing of outsourcing, rather than handling HR in house
- Common questions re: employment law
- Basic best practices for interviewing/hiring
- Employee reviews + HR advocate on board of directors for smaller nonprofits (i.e. to provide an additional outlet for reporting HR problems)
- The "Absolute Musts" of any employee handbook (I found a great resource from ADP on this subject)
Development finance & operation basics for nonprofits_Fresh Arts 2014Fresh Arts
Development Finance and Operation Basics
for the Jack-of-All Arts Administrator
(Gift Acceptance, Disclosure Rules & Basic Financial Reporting)
For arts administrators of small to mid-sized nonprofits
Wednesday, June 4th, from 4-6 p.m.
@ Fresh Arts, 2101 Winter Street, #B11, Houston, TX 77007
PRESENTERS:
Amy Lampi, Senior Director of Development Support Systems, Memorial Hermann Foundation
Joanna Torok, Director of Advancement Operations, Houston Grand Opera
Are you in charge of fundraising AND finance within a small organization? Do you struggle with creating a regular routine for acknowledging donations? Do you know how to present your financial position effectively to your board? Are you certain you’re in total compliance with the IRS when accepting gifts? Administrators can expect to walk away from this workshop better equipped to manage broad financial concerns along with a simple check-list of things to do each day to ensure you are staying in compliance.
Topics will include:
- Creating simple systems for fund development management and operations
- Timing, rules, and language for donor receipts
- Common mistakes in communicating the tax benefits of donations
- How to determine Fair Market Value for special events, etc.
- Basic financial reports
- Forecasting revenues
- Reconciling fundraising activities with greater financial goals
Fresh arts Get it in writing! Contract WorkshopFresh Arts
Get it in Writing!
Understanding & Crafting Contracts
with Emily Watts and attorney Erin Rodgers
May 6, 2014
(For artists, collectives, and nonprofits)
*This workshop hosted at the Dance Source Houston Headquarters, The Barn (formerly Barnevelder).
The Barn, 2201 Preston St, Houston, TX 77003
Are you an artist lending your work to a business for exhibition? Are you a performing arts organization that hires independent artists to perform? Are you renting space for a performance and exhibition? In all these instances, contracts and/or letters of agreement help protect you and your work, as well as prevent misunderstandings and other problems.
TOPICS TO BE COVERED INCLUDE:
- Understanding basic contract language and common clauses (glossary of common legalese)
- Defining correct parties
- Terms and options
- Intellectual property ownership
- Work for hire
- Liability
- Consideration ( making a contract binding)
- Breach and dispute
- Cure options (how to remedy a breach of contract)
- How do you know when you are breaking a contract
- Combining contracts with Letters of Agreement (LOAs) and riders
- Contract addendums and red-lining
- Recourse upon broken contracts
Funding strategies for individual artists 3.0Fresh Arts
Funding Strategies for Independent Artists
Monday, April 21 | 6:30-8:30 p.m.
*Workshop will be hosted by Art League Houston, in the Main Gallery.
Art League Houston, Main Gallery
1953 Montrose Blvd.
Houston, TX 77006
Join Fresh Arts’ Executive Director Jenni Rebecca Stephenson and professional composer and musician, Jerry Ochoa of Two Star Symphony, for an overview workshop on strategies and resources for individual artists seeking funds to support their professional art career.
This workshop will cover: identifying grant opportunities (including several key local opportunities), increasing accessibility to additional funding through fiscal sponsorship, and securing individual contributions and institutional support. The workshop will also provide tips for creating and managing successful crowd-funding campaigns and offer examples of how local artists have successfully raised money for their projects. (Specifics on grant-writing and crafting proposals will NOT be covered in this workshop, but will be covered later in Fresh Arts’ workshop series.)
This workshop will apply to all types of individual artists including those in the visual, performing, filmmaking, literary, and multi-disciplinary fields.
Housont Arts Resource Fair 2012 - Host PresentationsFresh Arts
A brief overview of the main programs & services of the seven arts services organizations that collaborated together to host the inaugural Houston Arts Resource Fair.
By Maria Guralnik, visiting Assistant Professor of Arts Management, Purchase College.
CAREERS FOR THE 21st CENTURY ARTIST: Why Understanding the Business of the Arts will MAXIMIZE your success in the Arts Business.
Fiscal Sponsorship + Crowdfunding = $$ for Creative ProjectsFresh Arts
Presented by Dianne Debicella - Program Director, Fiscal Sponsorship.
Presentation covers:
Definition of fiscal sponsorship and crowdfunding, Taking advantage of the fiscal sponsorship program. Review of the leading crowdfunding platforms. Keys to crowdfunding success, Benefits of crowdfunding, and Crowdfunding myths.
Funding Strategies for the Individual ArtistFresh Arts
Spacetaker hosted Jenni Rebecca Stephenson and Sara Kellner for an artist workshop on identifying funding sources for individual artist projects (grants, fiscal sponsorship, crowdsourcing) on Aug. 31, 2011
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Han’s Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insider’s LMA Course, this piece examines the course’s effects via a variety of Tim Han LMA course reviews and Success Insider comments.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
The Right of Publicity: Using the Famous, Infamous, and Regular Folks in Art
1. The Right of Publicity:
Using the Famous, Infamous,
and Regular Folks in Art
Presented by:
Keith Jaasma
Patterson & Sheridan, LLP
California Texas New Jersey North Carolina
11. What is the Right of Publicity?
The right of an individual to control the use of
his or her name or image
in advertising or other commercial enterprises
11
12. Zacchini v. Scripps-Howard Broadcasting Co. (1977)
Zacchini sued TV station for violating his right of
publicity by broadcasting his entire 15-second
“Human Cannonball” act on the news
12
13. Zacchini v. Scripps-Howard Broadcasting Co. (1977)
TV station asserted First Amendment Defense
Rejected by the U.S. Supreme Court
“[T]he State‟s interest in permitting a „right of publicity‟
is in protecting the proprietary interest of the
individual in his act in part to encourage such
activity….[T]he State‟s interest is closely analogous to
the goals of patent and copyright law, focusing on the
right of the individual to reap the reward of his
endeavors….”
13
15. “Distinctive Voice”
Midler v. Ford Motor Company (9th Cir. 1988)
Midler turned down Ford‟s offer to use
her recording of “Do You Want to
Dance” for commercial
Ford hired backup singer to perform
the song and mimic Midler
“[W]hen a distinctive voice of a
professional singer is widely known
and is deliberately imitated in order to
sell a product, the sellers have
appropriated what is not theirs and
have committed a tort in California.”
15
16. “Distinctive Voice”
Waits v. Frito Lay(9th Cir. 1992)
Song sung in the “style” of Tom
Waits
Allowed punitive damages,
finding malice where Frito Lay
was aware of his opposition to
commercial endorsement and
damage to his artistic integrity.
16
17. Nicknames
Hirsch v. S.C. Johnson & Sons (Wisc. 1974)
Elroy “Crazylegs” Hirsch –
football star in the 1940s
and 50s.
Could maintain claim
against S.C. Johnson for
use of “Crazylegs” on
shaving gel
17
18. Catch-Phrases
Carson v. Here’s Johnny Portable Toilets (6th Cir. 1983)
“If the celebrity‟s identity is
commercially exploited, there
has been an invasion of his
right whether or not his „name
or likeness‟ is used. Carson‟s
identity may be exploited even if
his name John W. Carson, or
his picture is not used.”
18
19. Tools of the Trade
Motschenbacher v. R.J. Reynolds (9th Cir. 1974)
Winston ad used photo of
Motschenbacher‟s car, altering
number to “71” and adding a
spoiler
Car had distinctive white
pinstripe and oval, instead of
circle, around number
Court ruled that
Motschenbacher was
identifiable from the photo even
though his facial features were
not visible
19
20. “Identity”
White v. Samsung (9th Cir. 1992)
California has both statutory and
common law causes of action for
living individuals
White could not maintain statutory
claim for misappropriation of
“likeness”
Could maintain common law claim for
misappropriation of her “identity”
Multiple Texas courts have followed to
help define scope of “likeness”
20
21. “Identity”
Wendt v. Host International (9th Cir. 1997)
Question for jury whether
robots in hotel bars were
the likeness or
appropriated the image of
Wendt and Ratzenberger
21
23. Rights for the Living
Common Law Tort of Misappropriation of
Name or Likeness:
The defendant appropriated the plaintiff‟s name
or likeness for the value associated with it, and
not in an incidental manner or for a newsworthy
purpose;
The plaintiff can be identified from the
publication; and
There was some advantage or benefit to the
defendant.
23
24. Rights for the Deceased
Texas Property Code, Chapter 26
Prohibits use of a deceased individual‟s name, voice,
signature, photograph, or likeness . . .
“ . . . in any manner, including, in connection with
products, merchandise, or goods; or for the purpose of
advertising, selling, or soliciting the purchase of
products, merchandise, goods, or services.”
Last for 50 years in Texas
Lasts longer in other states
Indiana – 100 years
Tennessee – As long as it is used
24
25. Rights for the Deceased
Texas Property Code, Chapter 26
PERMITTED USES. (a) A person may use a deceased
individual's name, voice, signature, photograph, or
likeness in:
(1) a play, book, film, radio program, or television
program;
(2) a magazine or newspaper article;
(3) material that is primarily of political or newsworthy
value;
(4) single and original works of fine art;
(5) an advertisement or commercial announcement
concerning a use under this subsection.
25
26. When is art protected?
Artistic expression?
Artistic
Expression?
26
27. Winter v. D.C. Comics (Cal. 2003)
The “Autumn Brothers”
depicted in Jonah Hex
comic book.
“Transformative” depiction.
27
28. Ali v. Playgirl (S.D.N.Y. 1978)
Playgirl published drawing
of nude black man in boxing
ring that resembled Ali and
also referred to “the
Greatest”
Drawing found to be his
“likeness”
29. Rights for the Deceased
Texas Property Code, Chapter 26
PERMITTED USES. A media enterprise may use a deceased
individual's name, voice, signature, photograph, or likeness in
connection with (1) the coverage of news, (2) public affairs, (3) a
sporting event, or (4) a political campaign without consent.
Any use other than the above by a media enterprise of a deceased
individual's name, voice, signature, photograph, or likeness shall
require consent if the material constituting the use is integrally and
directly connected with commercial sponsorship or paid advertising.
No consent shall be required for the use of the deceased individual's
name, voice, signature, photograph, or likeness by a media
enterprise if the broadcast or article is not commercially sponsored
or does not contain paid advertising.
29
30. Parody & 1st Amend. --Bush v. Viacom
Bush appeared on 700 Club to
detail his weight loss using Pat
Robertson‟s Diet Shake
Brief clip appeared on Daily Show
Image not used for its “value”
because used for parody
First Amendment defense likely
as well
30
31. Documentaries -- Benavidez v. Anheuser Busch,
Anheuser Busch produced
documentary about Hispanic war
heroes, including Roy Benavidez
Only mention of Anheuser Busch was in
closing credits
Video may have been shown at some
hospitality centers
“Undoubtedly Anheuser Busch…may enjoy increased
goodwill in the Hispanic Community as a result of the
production and showing of „Heroes.‟ This incidental benefit,
however, does not rise to the level of commercial benefit
sufficient to support a claim for misappropriation.”
31
32. Life Stories -- Matthews v. Wozencraft
Former undercover narcotics officer
sued author and publisher of the book
“Rush” and producer of the movie for
fictionalized account of his life
“The term „likeness‟ does not
include general incidents from a
person‟s life, especially when
fictionalized.”
Claim probably also would have
failed because of exception for
biographies or on First Amendment or
Texas constitutional grounds
32
33. Life Stories -- Whitehurst v. Showtime Networks
Plaintiff owning portion of James
Byrd, Jr.‟s publicity rights sued
for use of Byrd‟s name and
actor‟s photo to promote sales of
DVD.
Use of Byrd‟s name and actor‟s
image protected by first
amendment
33
35. Henley v. Dillard’s Dept. Stores (N.D. Tex. 1999)
“This is Don.”
“This is Don‟s henley.”
“Because the use of the expression „Don‟s henley‟ is
so clearly recognizable as a likeness of Plaintiff, the
Court finds that no reasonable juror could conclude
that the phrase „Don‟s henley‟ does not clearly
identify the Plaintiff, Don Henley.”
35
36. Elvis Presley Enterprises v. Caprese
(S.D. Tex. 1996)
Use of “Velvet Elvis” as bar name was not right of
publicity violation but rather “represents an art form
reflective of an era that Elvis helped to shape.”
(Appeals court found that bar name was a trademark
law violation)
Use of photos of Elvis in advertisements was a
misappropriation
References to Graceland and “Elvis Has Left the
Building” were misappropriations because of their
unmistakable association with Elvis
The phrase “King of Dive Bars” and the inclusion of
peanut butter and banana sandwiches on the bar‟s
menu could not support a right of publicity claim. “To
trigger infringement the plaintiff must be clearly
identifiable from use of the item or phrase in
question.”
36
37. O’Grady v. Twentieth Century Fox (E.D. Tex. 2003)
Discovery showed Scott O‟Grady
documentary in conjunction with promotions
for “Behind Enemy Lines” linking the two.
“In the New Twentieth Century Fox Feature Film,
Behind Enemy Lines, like Scott O‟Grady, Owen
Wilson‟s character, naval aviator Chris Burnett,
runs into some challenges once his plane is shot
down.”
Question for jury whether O‟Grady‟s name
and likeness had been used for value
associated with them
Fact that O‟Grady‟s story had once been
“newsworthy” was not enough to entitle
Discovery to summary judgment on
O‟Grady‟s claim.
37
39. Moore v. Big Picture Co. (5th Cir. 1987)
Big Picture used name of Moore, who worked for
rival media company, as part of pitch for its audio-
visual services to Kelly Air Force Base
Court rejected Big Picture‟s argument that Moore
had not shown that his name had been used for its
value
It was to Big Picture‟s “advantage to have a well-
known, highly qualified person listed on the
proposed staffing chart.”
39
40. Topheavy Studios v. Doe
(Austin Ct. App. 2005)
Underage plaintiff paid $20 in “prize
money” for exposing breasts for
answering questions incorrectly during
trivia contest at South Padre Island
Images appeared in video game
and in promotion for video game
“Generally, an appropriation
becomes actionable when the name
or likeness is used „to advertise the
defendant‟s business or product, or for
some similar purpose.‟”
40
41. Topheavy Studios v. Doe
(Austin Ct. App. 2005)
Underage plaintiff paid $20 in “prize
money” for exposing breasts for
answering questions incorrectly during
trivia contest at South Padre Island
Images appeared in video game
and in promotion for video game
“Generally, an appropriation
becomes actionable when the name
or likeness is used „to advertise the
defendant‟s business or product, or for
some similar purpose.‟”
41
42. You Never Know Where Your Internet
Photos Might End Up
Photo from Flickr used in
Australian cell phone ad urging
consumers to “Dump Your Pen
Friend”
Girl in photo could not sue
Australian company in Texas
The photo of Alison Chang from Justin Ho-Wee
Wong's Flickr photo-sharing web page.
Photo by Justin Ho-Wee Wong.
42
43. Copyright vs. Right of
Publicity
•The Nightcaps alleged that ZZ
Top‟s “Thunderbird” copied the
Nightcaps “Wine, Wine, Wine”
•Misappropriation claim
preempted by Copyright law
•For instance, the Nightcaps did
not allege that ZZ Top used their
name or likenesses to promote
ZZ Top‟s song.
44. Sovereign Immunity
Chavez v. Arte Publico
University of Houston entitled to
sovereign immunity
Jiminez v. Conley
Magazine
San Antonio entitled to sovereign
immunity.
45. Other Issues to Consider
Copyright
“I found it on the internet” and “I changed it” are not
defenses
Trademark
Has the individual registered their name or identity as
a trademark?
Defamation
Public figures vs. Private individuals
Intentional Infliction of Emotional Distress
45
46. Likely “Safe” Uses
Texas Property Code, Chapter 26
PERMITTED USES. (a) A person may use a deceased
individual's name, voice, signature, photograph, or
likeness in:
(1) a play, book, film, radio program, or television
program;
(2) a magazine or newspaper article;
(3) material that is primarily of political or newsworthy
value;
(4) single and original works of fine art;
(5) an advertisement or commercial announcement
concerning a use under this subsection.
46
47. Keith Jaasma
Patterson & Sheridan, LLP
3040 Post Oak Blvd., Suite 1500
Houston, TX 77056-6582;
(713) 576-5062
kjaasma@pattersonsheridan.com
www.jaasma.com
47